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HomeMy WebLinkAbout20141709.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0011, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT FACILITY, INCLUDING A CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY, WATER RECYCLING AND A WATER SUPPLY AND STORAGE UPLOAD FACILITY AND TRUCK TANKER WASHOUT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT- EXPEDITION WATER SOLUTIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of May, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Expedition Water Solutions, P.O. Box 336597, Greeley, CO 80633, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0011, for Mineral Resource Development Facilities, Oil and Gas Support Facility, including a Class II Oilfield Waste Disposal Facility — saltwater injection facility, water recycling and a water supply and storage upload facility and truck tanker washout facility in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lots A, B and C of Recorded Exemption, RE-5024; being part of the W1/2 of Section 36, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to June 18, 2014 to allow the applicant adequate time to address unforeseen issues raised at the Planning Commission hearing on May 6, 2014, which was continued to May 20, 2014. m� WHEREAS, at said hearing on June 18, 2014, the applicant was present, and iobN MN'(° WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of .12)1: said Use by Special Review Permit, and m �w m�a WHEREAS, the Board of County Commissioners heard all of the testimony and _.a'� statements of those present, studied the request of the applicant and the recommendation of "• the Weld County Planning Commission and all of the exhibits and evidence presented in this -r .- matter and, having been fully informed, finds that this request shall be denied for the following am g, reasons: mN scE 1. It is the opinion of the Board of County Commissioners that the applicant has not dam shown compliance with Section 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.6.1 -- The proposed use is not consistent with Chapter 0 22 and any other applicable code provisions or ordinance in effect. cb:CA6sv)F�(Ko)To(be) fruits) apputorce 2014-1709 1/8 PL2271 SPECIAL REVIEW PERMIT (USR14-0011) - EXPEDITION WATER SOLUTIONS PAGE 2 1) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource exploration and production waste facilities should be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise and visual pollution." B. Section 23-2-230.6.3 -- The proposed uses are not be compatible with the existing surrounding land uses. C. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards cannot ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Expedition Water Solutions, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0011, for Mineral Resource Development Facilities, Oil and Gas Support Facility, including a Class II Oilfield Waste Disposal Facility — saltwater injection facility, water recycling and a water supply and storage upload facility and truck tanker washout facility in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of June, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO ATTEST: dirticti SiL jes0,Q0-4-zrak'- '� Douglas ademac er, Chair Weld County Clerk to the Boar>��"+uw` E L/4 t2a-kc-- Barbara Kirkmeyer, ro-Tem De yClerkto he6•'� '•.i�.c . Cones y / ��►� Mike Freeman ounty Attorney EXCUSED William F. Garcia Date of signature: 9/4 4052799 Pages: 2 of 2 10/09/2014 03:17 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 2014-1709 VIII FAT AMIN INh f IAN III PL2271 Hello